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GUJARAT HIGH COURT
S.R.BRAHMBHATT, J
GIRISHBHAI NATVARBHAI PATEL – Appellant
Versus
STATE OF GUJARAT & 1 – Respondent
| Table of Content |
|---|
| 1. appeal for acquittal under section 378, summary of the case. (Para 1 , 2 , 3) |
| 2. testimony and evidence regarding cheques and agreements. (Para 4 , 5 , 14) |
| 3. arguments on presumption of liability under the negotiable instruments act. (Para 9 , 10 , 11 , 12 , 13) |
| 4. accused's duty to prove lack of liability. (Para 15 , 16 , 18) |
| 5. court emphasizes presumptions in favor of complainant under the law. (Para 25 , 26 , 27 , 28) |
| 6. final judgment and remand to trial court for sentencing. (Para 34 , 36 , 37 , 38) |
ORAL JUDGMENT
1.The appellant, i.e. the original complainant has preferred this appeal under section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 12/11/2003 passed by learned 4th JMFC, Navrangpura, Ahmadabad (Rural) in Criminal Case No. 564 of 2001, acquitting the present Respondent no.2 / original accused of the charges under section 138 of Negotiable Instrument Act (hereinafter referred to as the 'Act'). This Court granted leave vide order dated 7/5/2004 (Coram: C.K. Buch, J).
2. The case of the complainant could be summarised as under:
The complainant and accused were friends and know each other since long. The complainant was in t
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